Reynolds v City of New York

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Reynolds v City of New York 2023 NY Slip Op 31441(U) April 25, 2023 Supreme Court, New York County Docket Number: Index No. 160580/2022 Judge: Denise M. Dominguez Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 160580/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/01/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: 21 PART HON. DENISE M DOMINGUEZ Justice . - - - - - - -----·-----------------------X VAUGHN REYNOLDS, INDEX NO. 160580/2022 MOTION SEQ. NO. _ _ _0_0_1_ _ Plaintiff, -vTI-IE CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, ROBERT GARCIA, NEW YORK CITY TRANSIT AUTI-IORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, MANHA TIAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY (MABSTOA), SANDY MARTE DECISION+ ORDER ON MOTION Defendant. ---------------------------- - - -----------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 12, 13, 14, 15, 16, 17, 21, 22, 23 ATTORNEYDISQUALIFY/RELIEVE/SUBSTITUTE/WITI-IDRAW . were read on this motion to/for Upon reading the above listed documents and having heard oral arguments, the unopposed motion by Order to Show Cause by ARONOFF LAW, P.C., counsel for Plaintiff VAUGHN REYNOLDS, is granted. This personal injury matter arises out of a February 8, 2022 motor vehicle accident that occurred on 3rd Avenue near East 109th Street in Manhattan between a New York City Department , of Sanitation vehicle and a bus. Plaintiff, VAUGHN REYNOLDS, a passenger on the bus at the time of the. accident, has alleged to have sustained various personal injuries as a result of the February 8, 2022 accident. This action was commenced on behalf of Plaintiff by ARONOFF LAW, P.C., on December 12, 2022 by the filing of the summons and complaint (NYSCEF Doc. # 1). Defendants NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, and SANDY MARTE joined issue by filing an answer on January 6, 2023. Defendants THE CITY OF NEW YORK and NEW YORK CITY DEPARTMENT OF 160580/2022 REYNOLDS, VAUGHN vs. THE CITY OF NEW YORK ET AL Motion No. 001 [* 1] 1 of 4 Page 1 of4 INDEX NO. 160580/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/01/2023 SANITATION joined issue by filing an answer on February 16, 2023. A preliminary conferenc~ has not yet been held in this matter and it appears no significant discovery has occurred. ARONOFF LAW, P.C., counsel for Plaintiff, now moves by Order to Show Cause: 1) to be relieved as counsel for Plaintiff pursuant to CPLR 321 (b)(2); 2) for a 60 day stay to allow the Plaintiff to retain new counsel; and 3) for a charging lien as to attorneys' fees and disbursements to be determined upon the conclusion of the matter. ARONOFF LAW, P.C. served the Plaintiff with the motion by Order to Show Cause via regular and certified mail (NYSCEF Doc. #22). No opposition to the motion has been submitted. Upon review, the motion is granted. "An attorney of record may withdraw or be changed by order of the court in which the action is pending, upon motion on such notice to the client of the withdrawing attorney, to the attorneys of all other parties in the action or, if a party appears without an attorney, to the party, and to any other person, as the court may direct." (CPLR 321(2)). "[A]n attorney may withdraw , as counsel of record upon a showing of good and sufficient cause, and reasonable notice to the client. (Mason v. MTA New York City Transit, 38 A.D.3d 258, 832 N.Y.S.2d 153, 154 [I5t Dept 2007]). ARONOFF LAW, P.C. has demonstrated good and sufficient cause to be relieved and has shown due notice to Plaintiff of the within application. ARONOFF LAW, P.C.'s request to assert a charging lien for disbursements and attorneys' fees, to be assessed at the conclusion of this matter, is also granted. "Under Judiciary Law§ 475, a charging lien automatically comes into existence, without notice or filing, upon commencement of the action, and is measured by the reasonable value of the attorney's services in the action, unless fixed by agreement. Resnick v. Resnick, 24 A.D.3d 238, 239, 806 N.Y.S.2d 200, 201 [1 st Dept 2005]). "[W]here an attorney's representation terminates and there has been no misconduct, no discharge for just cause and no unjustified abandonment by the attorney, the attorney's right to enforce the statutory charging lien is preserved .... " (Klein v. Eubank, 87 N.Y.2d 459, 464, 663 N.E.2d 599,601 [1996]). "Generally, however, if an attorney is discharged without cause he will be allowed a charging lien upon the proceeds of the lawsuit, the amount to be determined on a quantum meruit basis at the conclusion of the case." (People v. Keejfe, 50 N.Y.2d 149, 156,405 N.E.2d 1012, 1015 [1980]). Upon review, ARONOFF LAW, P.C. is entitled to reimbursement for reasonable value of its attorneys' services, to be determined at the conclusion of this matter. 160580/2022 REYNOLDS, VAUGHN vs. THE CITY OF NEW YORK ET AL Motion No. 001 [* 2] 2 of 4 Page 2 of4 INDEX NO. 160580/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/01/2023 Accordingly, it is hereby ORDERED that the motion _of ARONOFF LAW, P.C .. to be relieved as attorney for Plaintiff, VAUGHN REYNOLDS ,is granted without opposition upon filing of proof of compliance with the following conditions; and it is further ORDERED that, within 20 days from entry, ARONOFF LAW, P.C. shall serve a copy of this order with notice of entry upon the former client, Plaintiff, VAUGHN REYNOLDS, at his/her last known address by regular and certified mail, return receipt requested, and upon the attorneys for all other parties appearing herein via the New York State Courts Electronic Filing System; and it is further ORDERED that, together with the copy of this order with notice of entry served upon the Plaintiff VAUGHN REYNOLDS, ARONOFF LAW, P.C.. shall forward a notice directing Plaintiff VAUGHN REYNOLDS to appoint a substitute attorney within 60 days from the date of the mailing of the notice and PlaintiffVAUGHN REYNOLDS shall comply therewith, except that, in the event the Plaintiff intends instead to represent himself/herself, he/she shall notify the Clerk of the Part of this decision in writing within said 60-day period; and it is further ORDERED that any newattorney retained by Plaintiff VAUGHN REYNOLDS shall file a notice of appearance with the Clerk of the General Clerk's Office and the Clerk ofthe Part within 60 days from the date the notice to retain new counsel is mailed; and it is further ORDERED that no further proceedings may be taken in this matter without leave of this court for a period of 60 days after service on Plaintiff VAUGHN REYNOLDS of the aforesaid notice to app_oint a substitute attorney; and it is further 160580/2022 REYNOLDS, VAUGHN vs. THE CITY OF NEW YORK ET AL Motion No. 001 [* 3] 3 of 4 Page 3of4 INDEX NO. 160580/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/01/2023 ORDERED that ARONOFF LAW, P.C.'s charging lien is preserved until such time as a Court, upon settlement or judgment, may hear and determine the reasonable value of attorney's services provided; and it is further ORDERED that ARONOFF LAW, P.C. shall serve a copy of this order with notice of entry upon the Clerk of the Court and the Clerk of the General Clerk's Office; and it is further ORDERED that such service upon the Clerk of the Court and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "EFiling" page on the court's website). 4/25/2023 DATE CHECK ONE: ~ CASE DISPOSED GRANTED DENIED [* 4] GRANTED IN PART APPLICATION: SETTLE ORbER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 160580/2022 REYNOLDS, VAUGHN vs. THE CITY OF NEW YORK ET AL Motion No. 001 4 of 4 J.S~C. NON-FINAL DISPOSLTION OTHER REFERENCE Page 4 of4

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